NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Butler v Wollondilly Shire Council [2005] NSWLEC 283
APPLICANT Darryl Butler
PARTIES : RESPONDENT Wollondilly Shire Council
FILE NUMBER(S) : 11153 of 2004
CORAM: Murrell C
KEY ISSUES: Appeal :- Application for subdivision - rural landscape character - SEPP 1 objection - precedent
Environmental Planning and Assessment Act 1979 Wollondilly Local Environmental Plan 1991 Hawkesbury Nepean Sydney Regional Environmental Plan 1997, No. 20 LEGISLATION CITED: Wollondilly Shire Development Control Plan Local Government Act 1919 Land and Environment Court Act State Environmental Planning Policy No. 1
DATES OF HEARING: 24/03/2005, 06/04/2005 & 12/05/2005 EX TEMPORE JUDGMENT DATE : 05/12/2005
APPLICANT Mr C Gough, solicitor SOLICITORS Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT Ms P Hudson, solicitor SOLICITORS Marsdens
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
12 May 2005
11153 of 2004 Darryl Butler v Wollondilly Shire Council
JUDGMENT
1 This is a verbal judgment for an appeal under s 97 of the Environmental Planning and Assessment Act against the deemed refusal of Wollondilly Shire Council for a subdivision. 2 I will say at the outset that the council in December 2004 resolved to enter into consent orders in this matter and the matter commenced on site as an on-site hearing and the Court saw the need for additional information to be provided for the Court in order for it to make a comprehensive assessment of the application. In particular the information that the Court requested was in respect of adjoining parcels of land and the size of the existing subdivision pattern within the area. 3 There was also an issue raised in the proceedings with respect to whether in fact a State Environmental Planning Policy No. 1 objection is required to allow the subdivision, and there were different interpretations put to the Court in this regard. I will comment further below. 4 The subject site is Lot 601 in DP 877888 Rapleys Loop Road, Theresa Park, is zoned Environment Protection 7(c) under the Wollondilly LEP. This LEP was made in 1991 and the subject land is zoned Environmental Protection – Rural Living 7(c). The relevant zone objectives are:
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